Bill Text: CA AB148 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Salton Sea restoration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-16 - Chaptered by Secretary of State - Chapter 124, Statutes of 2014. [AB148 Detail]
Download: California-2013-AB148-Introduced.html
Bill Title: Salton Sea restoration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-16 - Chaptered by Secretary of State - Chapter 124, Statutes of 2014. [AB148 Detail]
Download: California-2013-AB148-Introduced.html
BILL NUMBER: AB 148 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member V. Manuel Pérez JANUARY 18, 2013 An act to add Chapter 8.65 (commencing with Section 25752) to Division 15 of the Public Resources Code, relating to renewable energy. LEGISLATIVE COUNSEL'S DIGEST AB 148, as introduced, V. Manuel Pérez. Renewable energy: Salton Sea. Existing law requires the State Energy Resources Conservation and Development Commission to administer the Renewable Energy Resources Program to increase the amount of electricity generated by renewable electricity generation resources per year so that the amount equals at least 33% of total retail sales of electricity in California by December 31, 2020. Existing law establishes the Salton Sea Restoration Fund that is administered by the Director of Fish and Game and, upon appropriation by the Legislature, used for the restoration of the Salton Sea. This bill would require the Secretary of the Natural Resources Agency, in consultation and coordination with the Salton Sea Authority, to establish a Salton Sea Renewable Energy and Biofuel Research and Development Program in the Salton Sea basin to meet high-priority economic and environmental goals by providing grants to facilitate research and the commercial development of renewable energy and biofuel resources. The bill would further authorize the secretary, in consultation and coordination with the authority, to provide grants to eligible research institutions and commercial enterprises for research and demonstration projects leading to the commercial development of the Salton Sea's vast renewable energy and biofuel resources. To be eligible for a grant, the bill would require a commercial enterprise for a demonstration project to agree to a royalty or other revenue arrangement. The bill would require royalties and revenues received to be deposited into the Salton Sea Restoration Fund. The bill would require the secretary by July 1, 2014, to initiate the rulemaking process for the program and a process for the application, review, and issuance of grants. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 8.65 (commencing with Section 25752) is added to Division 15 of the Public Resources Code, to read: CHAPTER 8.65. SALTON SEA RENEWABLE ENERGY AND BIOFUEL RESEARCH AND DEVELOPMENT PROGRAM 25752. This act shall be known, and may be cited, as the Salton Sea Renewable Energy and Biofuel Research and Development Program. 25752.1. The Legislature finds and declares all of the following: (a) The Salton Sea is California's largest lake, covering 365 square miles, and it serves as an important stop on the annual Pacific Flyway migratory route, supporting over 400 species of birds and representing over two-thirds of all birds in the continental United States. (b) Until recently, the amount of water entering the Salton Sea was roughly balanced by the amount of water evaporating from its broad surface. (c) In 2003, the Legislature enacted legislation implementing the Quantification Settlement Agreement (QSA), a water transfer agreement between the Imperial Irrigation District and the San Diego Metropolitan Water District, that represented the largest agriculture-to-urban water transfer in the history of the United States. (d) Under the QSA, the state agreed to cover the cost of mitigating the effects of the water transfer on the Salton Sea beyond the first one hundred thirty-three million dollars ($133,000,000) in costs. (e) According to an analysis by the Pacific Institute, by 2018, reduced water inflows to the sea will reduce the sea's depth by five feet, resulting in the exposure of 26.5 square miles of currently submerged lake bed. By 2037, the sea's depth will drop by up to 27 feet, resulting in the exposure of 134 square miles of lake bed. (f) From 1913 to 1924, inclusive, a similar rural-to-urban water transfer occurred when the Los Angeles Department of Water and Power (LADWP) began exporting water from Owens Lake to Los Angeles. After only 11 years, LADWP had successfully drained all but a fraction of Owens Lake, exposing over 100 square miles of lake bed. (g) For decades, the winds blowing across the exposed lake bed of Owens Lake eroded fine-grained sediments and salts, lofting them into the air, creating the single largest source of fugitive dust in the United States. (h) Since 1998, LADWP has spent one billion two hundred million dollars ($1,200,000,000) to stem dust pollution in Owens Valley mainly by flooding a 40-square-mile area of exposed lake bed at a cost of 30 billion gallons of water a year. (i) In 2012, the State Air Resources Board upheld an additional order by the Great Basin Air District that required LADWP to flood an additional three square miles of exposed lake bed at an estimated cost of four hundred million dollars ($400,000,000). LADWP has appealed the state's order in federal court. (j) Considering that LADWP will likely spend up to one billion six hundred million dollars ($1,600,000,000) to mitigate dust pollution resulting from its draining of Owens Lake, and the likelihood that mitigating dust pollution created by the Salton Sea will be substantially more expensive because up to 135 square miles of lake bed will be exposed as compared to only 100 square miles at Owens Lake. The creation of the Salton Sea Renewable Energy and Biofuel Research and Development Program will enable the creation of a dedicated and continuous funding stream to mitigate dust pollution resulting from the QSA. (k) The creation of the Salton Sea Renewable Energy and Biofuel Research and Development Program will also encourage the development of one of the state's largest sources of renewable energy and provide a significant source of future revenue for the restoration of the Salton Sea in the form of royalties or other revenue sharing funds. 25752.2. (a) For the purposes of this section, "Salton Sea Authority" means the joint powers authority comprised of the County of Imperial, the County of Riverside, the Imperial Irrigation District, the Coachella Valley Water District, and the Torres Martinez Desert Cahuilla Indian Tribe. (b) The Secretary of the Natural Resources Agency, in consultation and coordination with the Salton Sea Authority, shall establish a Salton Sea Renewable Energy and Biofuel Research and Development Program to meet high-priority economic and environmental goals by providing grants to facilitate research and the commercial development of renewable energy and biofuel resources in the Salton Sea basin. (c) The secretary, in consultation and coordination with the Salton Sea Authority, may provide grants to eligible research institutions and commercial enterprises for research and development projects and demonstration projects intended to lead to the commercial development of the Salton Sea's renewable energy and biofuel resources pursuant to this section. The projects shall be sited within the Salton Sea basin, as designated by the secretary. Demonstration projects by commercial enterprises and research institutions shall do all of the following: (1) Improve air quality by reducing criteria and toxic air pollutants, including fine particulates originating from the dry sea bed. (2) Improve water quality in the Salton Sea that will stabilize marine habitats for fish and migratory birds. (3) Present new options for the state's restoration plan of the Salton Sea. (4) Demonstrate the scalability of renewable energy and biofuel resources at the Salton Sea, including the following: (A) Agricultural algae cultivation and production. (B) Geothermal resource extraction and associated byproducts. (C) Desalination technologies. (D) Solar and wind development. (5) Demonstrate the proposed project will have economic and job creating benefits for the Salton Sea basin. (d) The secretary shall initiate the rulemaking process for the Salton Sea Renewable Energy and Biofuel Research and Development Program and a process for the application, review, and issuance of grants under subdivision (c) no later than July 1, 2014. (e) A commercial enterprise, to be eligible for a grant under subdivision (c) for a demonstration project, shall meet all of the following requirements: (1) Be incorporated as a business authorized to do business in the state. (2) Provide matching funds for the proposed project. (3) Certify use of state funds solely for the proposed project sited within the state. (4) Demonstrate the proposed project will have substantial environmental and economic benefits to the Salton Sea basin region. (5) Identify a customer or customers for the product to be developed. (6) Agree to a royalty or other revenue sharing arrangement ensuring the state's ongoing financial participation in commercially viable operations authorized under the Salton Sea Renewable Energy and Biofuel Research and Development Program. (f) A research institution, to be eligible for a grant under subdivision (c) for a research and development project, shall meet all of the following requirements: (1) Be a nonprofit or educational research institution or consortium. (2) Provide matching funds for the proposed project. (3) Certify use of state funds solely for the proposed project sited within the state. (4) Demonstrate how the proposed project will help lead to the commercial development of the Salton Sea's vast renewable energy and biofuel resources. (5) Demonstrate the proposed project will have substantial environmental and economic benefits to the Salton Sea basin region. (g) Royalties and revenues collected by the state pursuant to paragraph (6) of subdivision (e) shall be deposited in the Salton Sea Restoration Fund.